Terms of service

1. Preamble

These are official phrases and situations and type a legally binding settlement between you and NKL Associates s.r.o. positioned at Krakovska 1366/25, 110 00 Prague, Czech Republic, ID: 023 30 482 (“we”, “us“ and the „Supplier“), the supplier of the webiste positioned at https://www.ncergo.org, concerning your use of the web web site positioned at https://www.ncergo.org and at https://www.ncergo.org (collectively, the “Web site”). The Supplier gives the companies on its Web site topic to the phrases and situations on this web page, and by utilizing the Web site, you agree to those phrases. Please learn them fastidiously. When utilizing the Web site, you might be topic to any posted guidelines, neighborhood tips, statements or insurance policies, together with our Privateness coverage. Such guidelines, tips, statements and insurance policies are hereby integrated by reference into these Phrases of Service. By way of the Web site and underneath the situations stipulated in these Phrases of Service, the Supplier enable the customers of the Web site to observe movies or different materials.  

2. Entry

By accessing the Web site, you certify that:

3. Person Account

To entry a number of the sources supplied by the Web site, you could be requested to create a consumer login account. In reference to making a consumer login account for the Web site, you comply with (i) present true, correct, present, and full details about your self as prompted by the account registration type (such data being the “Registration Information”); and (ii) keep and promptly replace the Registration Information to maintain it true, correct, present, and full always when you are a registered consumer. You should promptly inform us of all modifications, together with, however not restricted to, modifications in your deal with and modifications in your bank card utilized in reference to billing for the Web site. For those who present any data that’s unfaithful, inaccurate, not present or incomplete, or we or any of our approved brokers have affordable grounds to suspect that such data is unfaithful, inaccurate, not present or incomplete, we reserve the precise to droop or terminate your consumer account and refuse any and all present or future use of the Web site. As a part of the registration course of, you’ll choose a singular consumer identify and password which it’s essential to present so as to acquire entry to the personal parts of the Web site (together with, with out limitation, the “GOLD” tab premium content material). You characterize and warrant that you’ll not open up to another individual your distinctive consumer identify and password and that you’ll not present entry to the Web site to anybody who’s under the age of majority in your jurisdiction. You might be solely chargeable for sustaining the confidentiality of your consumer identify and password and are absolutely chargeable for all actions that happen underneath your consumer identify and password. We won’t launch your password for safety causes. You comply with (i) instantly notify us of any unauthorized use of your consumer identify and password or another breach of safety; and (ii) be sure that you exit out of your account on the finish of every session. You might be liable and chargeable for any unauthorized use of the Web site underneath your consumer account till you notify us by e-mail concerning such unauthorized use. Unauthorized entry to the Web site is prohibited and a breach of those Phrases of Service. Chances are you’ll receive entry to your billing data concerning costs of your use of the Web site upon request as could also be required by legislation. Chances are you’ll be first required to supply data adequate to substantiate the relevant account belongs to you.  

4. Free Content material and Premium Content material

Our Web site is made up of a mix of content material and options which are accessible to customers freed from cost and a few which are solely made accessible to customers who’ve paid for a premium membership. Customers who’ve bought a premium membership will see a “GOLD” tab on the primary show of the Web site’s homepage. Deciding on the “GOLD” tab provides entry to premium content material that’s solely accessible to premium members (“Premium Content material”). Content material not showing on the “GOLD” tab is made accessible to all customers, freed from cost. All Premium Content material, which is licensed from varied third-party content material house owners, contains proprietary data and helpful mental property of the third-party content material house owners who’ve offered the Premium Content material, and people third-party content material house owners retain all proper, title, and curiosity within the Premium Content material. Accordingly, Premium Content material is probably not copied, distributed, republished, uploaded, posted, or transmitted in any method with out our prior written consent. Chances are you’ll not for any purpose, at any time take away or alter, or trigger to be eliminated or altered, any copyright, trademark, commerce identify, service mark, or another proprietary discover or legend showing on any of the Premium Content material. Modification or use of all or any portion of the Premium Content material besides as expressly offered in these TOS violates the Premium Content material house owners’ mental property rights and should end in authorized motion towards you for damages, together with, with out limitation, statutory damages. Neither title nor mental property rights are transferred to you by advantage of your entry to the Web site. You acknowledge and agree that, so as to entry Premium Content material, we might (i) require you to create a consumer login account for the Web site; and/or (ii) cost you a payment.

5. Mental Property Rights

The Web site, together with with out limitation, all content material, media and supplies, all Web site‘s software program, code, design, textual content, scripts, messages, photographs, pictures, illustrations, audio and video materials, media information, paintings, graphic materials, articles, databases, proprietary data, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or movement photos, interactive options, caricatures, likenesses, profiles, vocal or different sounds, sound recordings, voices, voice reproductions, pc graphics and visible results, in addition to any accompanying documentation, packaging or different supplies, tangible or intangible, and all copyrightable or in any other case legally protectable components of the Web site, together with, with out limitation, the choice, sequence, ‘appear and feel’ and association of things, and all by-product works, translations, variations or variations of identical, whatever the medium, broadcast medium, format or type, now identified or hereinafter developed or found, and no matter the place produced, on location, in a studio or elsewhere, in black-and-white or in coloration, alone or along with different work, characters, actual or imaginary, in any a part of the world, and all the foregoing, individually and/or collectively (“Content material“) and the emblems, service marks and logos whether or not or not registered contained therein (“Marks“), are owned by or licensed by the Supplier and/or its associates, and their advertisers, licensors, suppliers, service suppliers, promotional companions and/or sponsors, topic to copyright and different mental property rights underneath the related governing legal guidelines and conventions. Chances are you’ll not copy, reproduce, distribute, broadcast, show, promote, license, or in any other case exploit the Content material and/or Marks for another functions with out the prior written consent of the respective house owners. Content material on the Web site is offered to you AS IS in your data and private use solely. You additional agree that you’ll not: We don’t endorse any Content material licensed by third-party content material house owners and expressly disclaim any and all legal responsibility in reference to such Content material. Supplier doesn’t allow copyright infringing actions or infringement of mental property rights on its Web site, and can promptly take away content material if correctly notified of infringements on third events’ mental property rights. If you’re a copyright proprietor or an agent thereof and consider that Content material infringes upon your rights, you could submit a takedown request with this way containing the next data: You acknowledge that if you happen to fail to adjust to all the necessities of this part, your take down request is probably not legitimate. Please notice that we repeatedly present your identify, contact data, in addition to the contents of your takedown request to third-party content material house owners who’ve licensed to us the the content material you might be reporting. Within the case that you’re a certified consultant submitting a report, we offer the identify of the group or consumer that owns the precise in query.

The Counter-Notification Course of

When the content material you might be reporting has been eliminated, we will notify the third-party content material proprietor who’ve licensed to us the content material of this elimination, together with by offering the contact data of the individual or entity sending the takedown request. The third-party content material proprietor then has 5 (5) days to submit a counter-notification to the Web site, explaining why the unique takedown discover was despatched in error. For the Web site to contemplate a content material proprietor’s counter-notification, it should embody the next: Counter-notifications that don’t fulfill all of those components are ineffective and is probably not thought of by the Web site. Please notice that we are going to ship any full counter-notifications we obtain to the one that submitted the unique takedown request. That individual might elect to file a lawsuit towards the content material proprietor for copyright infringement. If we don’t obtain discover {that a} lawsuit has been filed inside ten (10) enterprise days after we offer discover of counter-notification, we are going to restore entry to the eliminated supplies. Till that point, the marked materials will stay inaccessible. We’ll present a replica of the unique takedown request if requested. You perceive that when utilizing the Web site, you can be uncovered to Content material from all kinds of sources, and that Supplier shouldn’t be chargeable for the accuracy, usefulness, security, or mental property rights of or regarding such Content material. You additional perceive and acknowledge that you could be be uncovered to Content material that’s inaccurate, indecent, offensive, or objectionable, and also you comply with waive, and hereby do waive, any authorized or equitable rights or treatments you’ve or might have towards Supplier with respect thereto, and comply with indemnify and maintain Supplier and its house owners, associates, and/or licensors, innocent to the fullest extent allowed by legislation concerning all issues associated to your use of the Web site.

7. Charges and Billing

You comply with pay all membership charges when due in accordance with the billing phrases. We submit the present membership charges for the ncergo.org service as a part of the account registration course of. We reserve the precise to alter membership charges at any time, with prior discover to you. On the time of account registration, it’s essential to choose a cost technique. We reserve the precise to contract with a 3rd celebration to course of all funds. Such third celebration might impose further phrases and situations governing cost processing. Your account can be deemed overdue if it isn’t paid in full by the cost due date. In case your account turns into overdue, you comply with pay curiosity on the overdue quantity at a month-to-month charge of 1.5%, or the very best quantity allowed by legislation, whichever is decrease, compounded day by day, plus any further assortment prices, credit, cost backs and lawyer’s charges. Your bank card issuer settlement might comprise further phrases with respect to your rights and liabilities as a card holder. You might be chargeable for reimbursing us for all bank card cost backs, dishonored checks, and any associated costs. You authorize us and our brokers to make funds for the companies offered to you thru the Web site by automated verify debit and bank card in your behalf. You hereby agree to not falsely report the bank card or verify card misplaced or stolen, with out good purpose that it’s misplaced or stolen, that you’ve used for cost of our items or companies, together with subscriptions. Such fraudulent reporting to keep away from cost for items or companies that you simply or anybody underneath your authority has made to us when you’ve an excellent cost to us shall make you liable to Supplier for $25,000 in liquidated damages. This legal responsibility for liquidated damages is along with another legal responsibility you could incur for breaches of another provision of those TOS.For those who consider that you’ve been erroneously billed, please notify us instantly of such error. If we don’t hear from you inside 30 days after such billing error first seems on any account assertion, such payment can be deemed acceptable by you for all functions, together with decision of inquiries made by your bank card issuer.We don’t present money refunds. We do, nonetheless, grant credit within the type of free month-to-month memberships to resolve customer support points. The billing system utilized by Supplier or our approved brokers gives in depth bank card fraud safety measures and the Web site contains many options to guard customers from unintentional costs. Subsequently, refunds to your bank card can be offered solely underneath the rarest of circumstances, corresponding to persistent technical issues originating with our gear.

8. Guarantee Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: PROVIDER PROVIDES ITS SERVICES “AS IS” AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PROVIDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Legal responsibility

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN NO EVENT SHALL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY: IN ALL CASES, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

10. Notices to Ncergo.org

Normal inquiries concerning the Web site and companies offered by the Supplier could also be made by utilizing this on-line type. The Supplier respects the mental property rights of third events. For those who want to ship a copyright infringement discover, please use our procedures and submit a takedown request with this way. Failure to make use of Supplier’s on-line type for alleged copyright violations might delay our evaluation. Contact for different content-related points, corresponding to reporting inappropriate content material might be made right here. You will need to use the precise type or contact technique as failing to take action might decelerate your request and even trigger it to be left unnoticed.

11. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION

You agree that the Phrases of Service, your use of the Web site, in addition to any declare regarding, arising out of, or in reference to the Phrases of Service and your use of the Web site, shall be ruled by the legal guidelines of the Czech Republic with out regard to battle of legislation provisions. You additional agree that you simply shall endeavor to resolve any and all claims regarding, arising out of, or in reference to the Phrases of Service or your use of the Web site by participating in amicable consultations with the Supplier for at least thirty (30) calendar days. These amicable consultations shall start upon Supplier’s receipt of a discover of dispute containing adequate data to determine you and the premise of your declare. The discover of dispute have to be despatched by registered mail to the registered deal with of the Supplier: NKL Associates s.r.o., Krakovska 1366/25, 110 00 Prague, Czech Republic. a) If the dispute can’t be resolved by amicable consultations and you aren’t a shopper, it shall be submitted by both celebration to the Arbitration Courtroom connected to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic (“Arbitration Courtroom”), aside from disputes during which the Czech state courts have unique jurisdiction underneath Czech legislation. Arbitral disputes shall be resolved by a panel of three arbitrators in accordance with the Arbitration Guidelines of the Arbitration Courtroom in impact on the time the discover of dispute was obtained by the Supplier. The ensuing arbitral award shall be remaining and binding on the events. The seat of the arbitration shall be Prague, Czech Republic. The proceedings shall happen in Prague, Czech Republic, and the language of arbitration shall be English. b) if the dispute can’t be resolved by amicable session and you’re a shopper, i.e. any one who enters right into a contract with the Supplier exterior his enterprise or exterior his impartial occupation or take care of him differently, you could submit the movement for the extrajudicial dealing with of such dispute to the designated authority for extrajudicial dealing with of the buyer disputes, which is Czech Commerce Inspection Authority (www.coi.cz). The net dispute decision platform at http://ec.europa.eu/customers/odr can be utilized to resolve disputes arising from contracts on service provision concluded on-line between a shopper with residency within the European Union (hereinafter known as the “EU”) and a dealer established within the EU. The disputes during which not less than one of many celebration to the dispute is a shopper, shall be submitted to the Czech common courts, which have an unique jurisdiction underneath the Czech legislation. The events hereto every acknowledges and agrees that it’s their intent that arbitration and litigation between the events can be of the events’ particular person claims, and that none of their respective claims could also be arbitrated or litigated on a class-wide foundation.

12. Normal

These Phrases of service, the Privateness coverage, the principles as written on the add type, and another authorized notices revealed on the Web site, shall represent your complete settlement between you and the Supplier. If any provision of those phrases of service is deemed invalid by a court docket of competent jurisdiction, the invalidity of such provision shall not have an effect on the validity of the remaining provisions of those Phrases of service, which shall stay in full pressure and impact. No waiver of any time period of those Phrases of service shall be deemed an extra or persevering with waiver of such time period or another time period, and Supplier’s failure to claim any proper or provision underneath these phrases of service shall not represent a waiver of such proper or provision. We reserve the precise to amend these phrases at any time and for any purpose, with out advance discover to you. Though we might try and notify you when main modifications are made to those Phrases of Service, you might be suggested to periodically evaluation probably the most up-to-date model of those phrases on this web page, so that you’re conscious of any modifications. As soon as we make the brand new phrases accessible, these modifications grow to be efficient instantly and if you happen to use the Web site after they grow to be efficient, it’ll signify your settlement to be sure by the modifications. The place relevant, the English model of the Phrases of Service will prevail over any international language variations.

13. Different

The phrase teen is used to explain younger adults of age 18 to 20 years. We will delete rapidly any content material we suspect may characteristic individuals underneath the age of 18. For those who consider that any content material showing on the Web site options individuals underneath the age of 18, please present us with discover. In case you’re a shopper, you characterize and warrant to us that we offered you with data to the extent required by relevant shopper safety laws prematurely earlier than coming into right into a contract. We hereby inform you of your proper to withdraw from the contract for any purpose, so as to take action, it’s essential to inform us in writing inside 14 days from the conclusion of the contract. For those who withdraw from the contract after the Supplier begin offering the companies inside abovementioned interval, we might request cost of the companies you’ve already used. The minimal interval of service is for 1 month. The contract is concluded for an indefinite time interval, you could terminate the contract at any time for any purpose by canceling your subscription. You’ve gotten a proper to submit a guaranty declare to the Supplier and the Supplier is obliged to simply accept this declare and take care of it. The declare have to be submitted to the Supplier with out undue delay, no later than inside two months from the date of the faulty provision of the Service. The Supplier is obliged to take care of the declare with out undue delay inside one month from submission of the declare. If the Supplier finds the declare justified and the defect might be mounted, a shopper might demand both a restore or supplementing what’s lacking, or an affordable value discount. If a defect can’t be mounted and prevents the correct use of the Service, the buyer might both withdraw from the contract or demand an affordable value discount.